Can you lose your Job for Seeking Workers’ Comp Benefits?

In a previous post, we discussed the fear of keeping one’s job after an injury at work. We learned that according to a study from the Workers’ Compensation Research Institute, this fear exists in 18% to 33% of workers.

This year in West Virginia, a man is suing his employer, claiming he was fired for applying for Workers’ Compensation benefits. After injuring his rotator cuff at work, Andrian Sowards, applied for Workers’ Comp, a West Virginia Record article says. After receiving a physician’s treatment, he was told to not lift anything exceeding five pounds. His employer ordered Sowards to continue on with his typical work duties, even after he informed them of his limits.

About a month later, Sowards was terminated from his employment, under claims that he had “violated a ‘workplace violence’ policy,” according to the article. Sowards denied these allegations, and according to the West Virginia Record, insisted that he was discriminated against for receiving Workers’ Compensation benefits and seeking protection under the Family and Medical Leave Act.

Sowards sought legal representation, and is fighting for compensation from his previous employer. You can read more about his story here.

When you are injured at work, keeping your job and receiving compensation are your rights. If you have been injured and have questions, please get in touch with us today.